Legal Opinion

Pershing Mills v. Joseph O. Kearney, Warden, Federal Correctional Institution, Texarkana, Texas

Court of Appeals for the Fifth Circuit

Decided December 29, 1955No. 15731_1Published

1Opinion of the Court

• PER CURIAM.

The district court dismissed the petition for habeas corpus, “it appearing from an examination of said petition and the answer of Respondent thereto legality of Respondent’s detention of Petitioner can be adequately and effectively tested by motion filed in the United States District Court for the Eastern District of Arkansas, the sentencing court, pursuant to Title 28 U.S.C.A. § 2255, and it further appearing to the Court that although Petitioner filed a motion dn the United States District Court for the Eastern District of Arkansas pursuant to Title 28, U.S.C.A. § 2255 seeking…

2Cases cited2 opinions

  1. Meyers v. WelchCourt of Appeals for the Fourth Circuit · 1950
  2. William A. Neigut v. Joseph O. Kearney, Warden, Federal Correctional Institution, Texarkana, TexasCourt of Appeals for the Fifth Circuit · 1955

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